Statement On DHS Enforcement Memos

Posted By Gaston Law Firm || 22-Feb-2017

The Department of Homeland Security, Secretary John Kelly, has issued immediate
Memorandums relating to Implementing the President’s Executive Orders related
to interior enforcement and border enforcement.

The Memorandum contains numerous items that pose immediate and significant
concerns for our immigrant populations on the Treasure Coast. Among them:

The Department will no longer exempt classes or categories of removable
noncitizens from enforcement.

Priorities for immediate removal include noncitizens: convicted of criminal
offenses; charged with any criminal offense that has not been resolved;
who have committed acts which constitute a criminal offense; have engaged
in fraud or willful misrepresentation with any official matter before
a government agency; are subject to a final order of removal but have
not departed the United States; or who in the judgement of an immigration
officer pose a risk to public safety or national security.

Additionally, the Memorandums declare removal proceedings shall be initiated
against noncitizens incarcerated in federal, state, and local facilities
under the Institutional Hearing and Removal Program.

The Memorandums also call for using a “force multiplier” by
designating qualified state or local law enforcement officers as immigration
officers. Immigration officers are now allowed to use prosecutorial discretion
to include the arrest or apprehension of a noncitizens whom the immigration
officer has probable cause to believe is in violation of immigration laws.
No group or class of immigrant will be exempt from the discretionary detention
and arrests.

The Homeland Security Secretary has also immediately reallocated all resources
that are currently used to advocate on behalf of undocumented persons,
including outreach and advocacy services to undocumented persons. And,
the Department will no longer afford Privacy Act rights and protections
to persons who are neither U.S. citizens nor lawful permanent residents.

The Gaston Law Firm believes these immediate actions by the Department
of Homeland Security signal an increased risk of those noncitizens who
are on the Treasure Coast being detained and removed from the country,
even if they have no criminal record and strong ties to our community.

And, some of the policies, such as allowing people to be detained and potentially
arrested because they, at the discretion of immigration officers, may
look as if they are in violation of immigration laws put lawful permanent
residents in jeopardy simply because of the color of their skin or their
perceived nationality.

The Gaston Law Firm is urging anyone with concerns over these new and immediate
stepped up immigration enforcement and removal actions to contact our
office so we may discuss immigration and help your family plan for the
possibility contact with immigration officers. WE are here to help you
understand your rights and take proactive steps to protect yourself and
your family.

The Memorandums are ratcheting up the fears in our immigrant communities.
In particular, those DREAMers, who have work permits and are attending
schools on the Treasure Coast under President Obama’s Deferred Action
for Childhood Arrivals program, can no longer be guaranteed that they
are exempt from being removed from our communities and being sent back
to countries they barely know.

DREAMers, especially those without a criminal record, are urged to pursue
or maintain their DACA status. All noncitizens are encouraged to immediately
pursue the strongest immigration status they can achieve.

These are some very scary and trying times for member of our immigrant
communities, our DREAMers, and those of us who have friends and family
members that are not citizens. Now more than ever, it is crucial for all
noncitizens to know their rights and be proactive about their immigration
situation.